Surendar @ Suri vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 02.03.2026 for the alleged offence punishable under Section 8(c) read with Sections 20(b)(ii)(A), 22(b), 25 and 29(1) of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, in Crime No.71 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner, along with other accused, was found in possession of contraband. Specifically, the petitioner was allegedly found in possession of 1 gram of Methamphetamine pursuant to which he was arrested and remanded in judicial custody. Hence, the case.

The learned counsel for the petitioner submits that the petitioner is innocent and that the alleged quantity of the banned substance (1 gram) is small. He further submits that a co-accused has already been granted bail by this Court in Crl.O.P.No.8284 of 2026, vide order dated 02.04.2026. Hence, he prayed for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of bail to the petitioner, reiterated the prosecution case and, on instructions, submitted that there is no previous case against the petitioner.

I have given my anxious consideration to the submissions made by the learned counsel on either side.

Considering the facts and circumstances of the case, particularly the fact that the petitioner has no prior criminal antecedents and that this is small quantity and that the co-accused has already been enlarged on bail, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court-I, Poonamallee, and subject to the following conditions:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent police twice a day at 10.30 a.m. and 05.30 p.m. for a period of one week and thereafter as and when required by the investigation officer for interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.